This is a printer-friendly version of an article from Zip06.com.
01/12/2017 10:53 AMA state commissioner will issue a ruling on a petition filed by a North Branford resident. The petition questions whether Connecticut's Dept. of Energy and Environmental Protection (DEEP) has jurisdiction to decide a local wetlands application for a 60,000-gallon bulk propane storage/retail facility at 40 Ciro Road. The commissioner's ruling will be made by May 17, 2017.
Citizen and attorney Peter C. White submitted the petition in November 2016. This week, White was notified by Deputy Commissioner Michael J. Sullivan that the Commissioner of the DEEP, Rob Klee, does intend to issue a Declaratory Ruling as requested. The notification, dated Jan. 10, 2017, also gives White 30 days to further identify and, if possible, provide copies of some additional materials.
The application, originally under review by the town's Inlands Wetlands & Watercourses Agency (IWWA) in 2014, seeks the construction of a facility meeting town Zoning Regulations (amended in 2014) allowing bulk propane storage in an industrial zone which includes 40 Ciro Road. The company seeking to build the facility, J.J. Sullivan Fuel Co. (Guilford) had first attempted to go through town channels by submitting a site plan application for review by the North Branford IWWA. The proposal was met with strong opposition by residents, including those organized into a grassroots group, North Branford Citizens Against Propane. While the IWWA began a review of the application in the fall of 2014; due to lack of a quorum, it failed to decide on the application within a 65-day window of action required by state statute.
In March 2015, at the request of J.J. Sullivan attorney Jeffrey Beatty (Guilford), the DEEP agreed to take over the application review and render a decision. The application remains under DEEP review.
As previoulsy reported, White's petition asks the DEEP Commissioner to look at two issues which may negate DEEP's authority to decide on the application. See Zip06/The Sound's story and a copy of the petition here.
White argues that, while North Branford's IWWA didn't make a final adjudication, state statues only require the IWWA to "act" on the application within 65 days, which it did, by holding meetings and conducting a site walk.
Listing specific details of items submitted and requests for information transmitted between the DEEP and the applicant, White also contends the application under DEEP review has technical variations which make it different from the version viewed by North Branford IWWA.
On January 11, White told Zip06/The Sound he intends to comply with the Commissioner's request to supply the Commissioner's attorney with any additional information needed. White also noted the Commissioner's office has not indicated whether a public hearing will be held regarding the petition.
However, the DEEP Commissioner's office is accepting public comments regarding item, officially described as "Petition for Declaratory Ruling regarding 2772 BPR, LLC permit Application IW-201502274." Comments may be sent to: Commissioner, Department of Energy and Environmental Protection, 79 Elm Street Hartford, CT 06106-5127.